Strata Managers are trained professionals with the thorough knowledge and expertise required to ensure proper and timely compliance with a litany of legal, notice, meeting, accounting, capital works fund and administration fund monetary requirements relevant to your strata development. One-stop-shop With licenced strata manager, all matters relating to the scheme can be directed to…
Question: How long can a strata committee member or chairperson hold positions in executive committee? Also, can the committee engage designers without lot owners agreeing to this appointment? Answer: No this is not permissible. Only one of them can seek nomination. As you may know, the number of members is determined annually at each…
Question: We are lot owners in a small 8 lot commercial strata building. What is the procedure for appointing a new strata manager? What happens if this procedure is not followed? Answer: It is critical that the termination of the current manager be effected strictly in accordance with the strata management agency agreement which…
Unit Entitlements Q: I would like to clarify the following: 1. Does owning a garage attached to a unit entitle the unit holder to have 2 votes? I thought that garage was a utility lot designed primarily for storage of goods or cars. As a result of this I am constantly outvoted on issues as…
AGM Timing Q: What are the rules concerning the actual time of day when a AGM is held? Last year ours was commenced at 3pm with the consequence that only 7 out of 24 lot owners were able to attend? A: Though the strata legislation is silent on the point, some general rules do apply….
Question: One family owns 61% of our scheme and use their strata unit entitlements NSW to block the committee and let the scheme run down. Would this situation be classed as dysfunctional? Answer: If the 61% family prevents the Owners Corporation from complying with its statutory obligations, then this would be a strong argument for…
Question: Leading up to our AGM, our Strata Manager was holding too many proxies, so divvied them up to lot owners. Can this be done? Can you also explain the quorum requirements for annual general meeting? Answer: For the quorum in your scheme – at least ¼ of persons present or ¼ of unit entitlements….
One of our clients contacted us with the above question. The answer to this question is very simple – No. You do not need to include explanatory notes for each and every motion on an agenda. The only legal requirement to provide explanatory notes arises from Section 4 of Schedule 1 of the Strata Schemes…
A LookUpStrata reader in NSW wanted a step by step guide on the procedure to resign their current strata manager and appoint a new one. Their AGM is not scheduled to happen for some time, and the reader wanted to know whether they have to wait with the appointment of the new strata manager until then?…
A LookUp Strata reader wanted to know what can be done about inaccurate meeting minutes. In summary, at the next general meeting there will be a motion confirming the minutes of the previous meeting. This will be your opportunity to correct any resolutions inaccurately minuted at the prior meeting. Read the full question, and our…
Leanne provided a response to a LookUpStrata reader’s question regarding proxy voting forms. Click this link to read the full question, and our response.
We provided a response to a LookUpStrata readers question. The owner wanted to know whether it was always required to have a motion covering the minutes of the previous meeting. The short answer is that this is indeed the case. Read the full question and our response by following this link.
Leanne provided a response to a LookUpStrata reader’s question, who wanted to know whether despite a lack of meeting notice and agenda these meetings and decisions are still valid. This is a great question, and in summary the answer is that the failure to post minutes and give proper notice as required under the Strata…
As we count down to the 30th of November, we wanted to test your knowledge of the new strata legislation through a number of quiz questions. Over the coming 2 weeks we will publish 5 questions and answers. Why not have a go? Today our fifth and final question: True or False? Tenants can now…
This one is from the archives, but still of possible interest to you. A LookUpStrata reader wanted to know the correct procedure to follow after their Owners Committee chairman resigned before the Annual General Meeting (AGM). In summary, Leanne’s response explains that the number of members set at the last AGM cannot be changed until the…
Leanne has provided a response to a reader’s question received by LookUpStrata. The reader wanted to know whether an Executive Committee is allowed to pass so-called paper resolutions, rather than passing resolutions a during physical meeting.s You can read the full question, and Leanne’s response by clicking here.
The team at Bannermans Lawyers have written this article summarising the requirements and rights of tenants in strata titled buildings: A lot owner is required to lodge a tenancy notice with the owners corporation/managing agent if it leases the lot, as is the lessee if the lessee subleases. The owners corporation/managing agent must record that information in…
Allison Benson from Kerin Benson Lawyers has written a great article on how the size of your strata scheme influences legal requirements the Act sets for your Strata Scheme. Obviously, the larger the scheme the more lots there are to help in paying for the administration, maintenance and upkeep of the property. However, in addition there are…
We have written a new article explaining how successful strata title scheme meetings, such as Annual General Meetings (AGMs) and Extraordinary General Meetings (EGMs) should be run. We cover the meeting notification, proxy’s, voting instructions, meeting quorums and typical strata motions you can expect to find on your agenda. Hit this link for the full article, and…
The following article was written by Turnbull Bowles Lawyers. It explains the benefits of a Mediation compared to going to Hearing in relation to a building defects claim. It will help you evaluate what is the most suitable step for your building. If a Mediation does not take place between the parties or a Mediation is unsuccessful…